Smith v. Harrell

Plaintiff sues defendant Upon the following note :

“ Amite County, July 1st, 1856.

“ $1260 33. Twelve months after date, for value received, we promise to pay G. W. Smith, or order, twelve hundred and sixty dollars and thirty-three cents, With eight per cent, interest from date until paid.

“ Mills, Cleveland <& Co.

“II. R. HarrellP

TheJpetition alleges that defendant signed the note as surety for thfe othei1 signers, Mills, Cleveland <& Co., and that he is therefore bound to plaintiff in solido for its payment. -

Plaintiff had judgment; and defendant presents the case to us, by appeal, upon the…